Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.9 (2026)

Misdemeanor; definition.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.9 Misdemeanor; definition.

Sec. 9.

    Misdemeanor—When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.9

FormerLaw Notes:

    See section 26 of Ch. 156 of R.S. 1846, being CL 1857, § 5845; CL 1871, § 7678; How., § 9260; CL 1897, § 11330; CL 1915, § 14997; and CL 1929, § 16588.

Notes of Decisions
Cited in 8 cases, 1966–2018 · leading case: People v. Smith, 378 N.W.2d 384 (Mich. 1985).
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People v. Smith, 378 N.W.2d 384 (Mich. 1985). · cites it 2× “198, or an act prohibited by a statute which imposes no penalty for the violation, MCL 750.9; MSA 28.199. In some instances, the same provision of the Penal Code labels a crime a felony or misdemeanor and also sets the maximum penalty.”
People of Michigan v. Tarone Devon Washington, 916 N.W.2d 477 (Mich. 2018). “") (emphasis added), as well as criminal offenses for which there is no express punishment provided for in the relevant statutes, MCL 750.9 ("When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed,…”
People v. Williams, 620 N.W.2d 906 (Mich. Ct. App. 2001). “198, or an act prohibited by a statute that imposes no penalty for the violation, MCL 750.9; MSA 28.199. Although a misdemeanor that may result in two years’ imprisonment may be deemed a felony for purposes of the habitual offender, probation, and consecutive sentencing…”
Int'l Union, Ua, a., & Ai Wkrs. v. Wm Chace Co., 262 F. Supp. 114 (E.D. Mich. 1966). “Article IV, Section 5, of the collective bargaining agreement authorizes trial employment. 2 . Although it is not clear from M.”
People v. Lewis, 174 N.W.2d 615 (Mich. Ct. App. 1969). · cites it 2× “” Also relevant is CL 1948, § 750.9 (Stat Ann 1962 Rev § 28.199) which reads: *657 “When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or…”
Sanford N Lakin v. Barbara Rund (Mich. Ct. App. 2016). “statute, and no penalty for the violation of such statute is imposed[,]” MCL750.9. Similarly, under the Code of Criminal Procedure, “felony” is “a violation of a penal law of this state for which the offender, upon conviction, may be punished by death or by imprisonment for more…”
People of Michigan v. Tarone Devon Washington (Mich. Ct. App. 2017). “8; MCL 750.9. Felonies and misdemeanors are defined differently in the Michigan Code of Criminal Procedure, MCL 760.”
People of Michigan v. Tarone Devon Washington (Mich. Ct. App. 2017). “8; MCL 750.9. Felonies and misdemeanors are defined differently in the Michigan Code of Criminal Procedure, MCL 760.”
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